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Nevada Law & Business - Contracts

Nevada Business & Law Contracts

Nevada Business & Law — Section 4: Contracts

Use your NASCLA Contractor’s Guide — Nevada Edition. Tab and highlight: required contract terms, change order rules, payment timing, documentation, dispute procedures, and risk clauses (indemnity, insurance, schedule, differing site conditions). When the exam asks who/what/when, it’s usually in this section.

1) Contract Formation & Required Terms Must-know basics

Elements

  • Offer, acceptance, consideration (mutual assent).
  • Capacity & authority (signer must be authorized by the entity).
  • Lawful purpose and scope matching the contractor’s classification(s).

Typical Required Terms

  • Scope of work, plans/specs, price (lump sum or schedule of values), time for completion.
  • Change order process (written, priced, approved).
  • License number on required consumer contracts/advertising.
  • Signatures with printed names/titles for authority clarity.
2) Scope, Documents & Hierarchy What controls?
  • Define drawing/spec priority and order of precedence (e.g., addenda > specs > drawings > details) as specified by the contract.
  • Include all referenced documents (addenda, RFIs, bulletins) and list them.
  • Clarify submittals/shop drawings: review does not change the contract scope unless formally approved.
3) Price, Payment & Retainage Cash-flow rules

Price Types

  • Lump sum
  • Unit price
  • Cost-plus (with/without GMP)

Payment

  • Schedule of values; progress vs. milestone billing.
  • Include approved change orders and retainage in pay apps.
  • Pay-when-paid / pay-if-paid clauses: know definitions and whether the contract allocates this risk.

Documentation

  • Lien waivers (conditional/unconditional) tied to payment.
  • Certified payroll if public works.
  • Closeout: O&M manuals, warranties, as-builts.
4) Changes, Claims & Time COs, RFIs, Delays
  • Change Orders: written scope/price/time changes, signed by authorized parties before performing extra work.
  • RFIs/Notices: follow notice deadlines and documentation requirements in the contract.
  • Delays: excusable vs. non-excusable; remedies may include time extensions and, if allowed, costs.
  • Differing Site Conditions: promptly notify, document, and await direction per contract.
5) Risk Clauses: Indemnity, Insurance, Safety Transfer & compliance

Indemnity

  • “Hold harmless” obligations—understand scope and caps.
  • Flow-down indemnity to subs where appropriate.

Insurance

  • Required GL/Auto/WC/umbrella; Additional Insured; Primary & Non-Contributory; Waiver of Subrogation.
  • Certificates + endorsements must match contract.

Safety

  • Employer duties, competent person, incident reporting.
  • Contract may allocate site safety responsibilities.
6) Quality, Warranties & Closeout Finish strong
  • Quality standards per specs/reference standards.
  • Warranties start at substantial or final completion (per contract); include manufacturers’ paperwork.
  • Punch list, training, O&M manuals, as-builts, attic stock, releases/waivers.
7) Subcontracts & Flow-Down Mirror the prime
  • Use flow-down clauses so subs accept the same obligations (schedule, safety, indemnity, insurance, documents).
  • Back-to-back notice, claim, and dispute timelines.
  • Substitution rules and listing (when required by the owner/solicitation).
8) Dispute Resolution & Termination Staying in control
  • Escalation: project negotiation → senior negotiation → mediation → arbitration/litigation (per contract).
  • Termination for cause vs. for convenience—follow notice and cure procedures.
  • Keep contemporaneous records: daily reports, photos, correspondence, cost logs.

Practice Exam — 60 Questions Answers & brief explanations under each

1. A valid construction contract generally requires:

  1. Offer, acceptance, consideration
  2. A perfect set of drawings
  3. An oral promise only
  4. No authority needed
Answer

A — Core formation elements.

2. Who should sign the contract for a corporation?

  1. Any field employee
  2. An authorized officer per resolution/bylaws
  3. The supplier
  4. The insurer
Answer

B — Ensure authority.

3. The order of precedence clause helps resolve:

  1. Payroll disputes
  2. Conflicts among contract documents
  3. OSHA inspections
  4. Sales tax
Answer

B — Which document controls.

4. Written change orders are important because they:

  1. Decorate the file
  2. Modify scope/price/time with proof of approval
  3. Replace the contract
  4. Avoid signatures
Answer

B — Formal, approved changes.

5. “Pay-when-paid” is best described as:

  1. A schedule requirement
  2. Timing language for payment to a sub
  3. A safety rule
  4. A lien waiver
Answer

B — Payment timing condition.

6. A “pay-if-paid” clause generally attempts to:

  1. Guarantee sub payment
  2. Shift the risk of owner nonpayment to the sub
  3. Set bonding limits
  4. Replace retainage
Answer

B — Risk allocation concept.

7. RFIs should be used to:

  1. Change scope without approval
  2. Clarify documents and create a written record
  3. Replace submittals
  4. Avoid notices
Answer

B — Clarify & document.

8. A schedule delay caused by unusually severe weather is typically:

  1. Non-excusable
  2. Excusable
  3. Always compensated
  4. Safety only
Answer

B — Often excusable; see contract for cost relief.

9. Differing site conditions should be handled by:

  1. Proceeding without notice
  2. Prompt notice and await direction per contract
  3. Ignoring contract
  4. Billing later without backup
Answer

B — Follow notice & documentation.

10. Submittal approval generally:

  1. Changes scope automatically
  2. Does not change scope unless formally approved by change order
  3. Eliminates RFIs
  4. Sets retainage
Answer

B — Submittal review ≠ scope change.

11. A schedule of values is used to:

  1. Assign equipment
  2. Break down contract price for progress billing
  3. Replace insurance
  4. Track safety
Answer

B — Supports pay apps.

12. A conditional lien waiver should be exchanged:

  1. Before any payment information
  2. Upon receipt of payment
  3. Upon proof of payment clearing
  4. At bid time
Answer

C — Conditional → becomes effective when funds clear.

13. “Hold harmless” language is a form of:

  1. Indemnification
  2. Warranty
  3. Schedule float
  4. Bid alternate
Answer

A — Risk transfer clause.

14. A unit-price contract is best when:

  1. Quantities are uncertain
  2. Design is complete and fixed
  3. No measurements are needed
  4. Only lump sum is allowed
Answer

A — Units × measured quantities.

15. Cost-plus with a GMP means:

  1. No cap on cost
  2. Costs plus fee, capped at a guaranteed maximum
  3. No fee
  4. Time & materials only
Answer

B — Cost + fee, with ceiling.

16. A written notice requirement typically specifies:

  1. Nothing
  2. How and when to give notice, and to whom
  3. Only oral notice
  4. Owner signature color
Answer

B — Follow the clause.

17. Who is responsible for verifying sub COIs/endorsements meet contract terms?

  1. Owner
  2. GC/contractor
  3. Bank
  4. Inspector
Answer

B — Manage risk downstream.

18. Retainage is:

  1. Late fees
  2. Amount withheld until milestones/substantial completion
  3. Bond premium
  4. Sales tax
Answer

B — Held as security.

19. Flow-down clauses in subcontracts:

  1. Are unrelated to the prime contract
  2. Bind the sub to key prime contract obligations
  3. Eliminate insurance
  4. Replace safety rules
Answer

B — Mirror prime obligations.

20. A “for convenience” termination allows the owner to:

  1. Terminate only for default
  2. Terminate without contractor fault, per contract terms
  3. Ignore notice
  4. Eliminate payment
Answer

B — Contract governs rights & payment due.

21. A punch list is created to:

  1. List change orders
  2. Document incomplete or defective items to finish
  3. List vendors
  4. Record payroll
Answer

B — Closeout quality tool.

22. Warranty periods usually start at:

  1. Notice to proceed
  2. Bid opening
  3. Substantial or final completion per contract
  4. Permit issuance
Answer

C — Check the contract.

23. If an owner issues a change directive, the contractor should:

  1. Ignore it
  2. Proceed while preserving rights and converting to a signed change order per the contract
  3. Stop all work
  4. Bill at the end
Answer

B — Follow the directed change process.

24. Subcontractor substitution may be allowed:

  1. Never
  2. Only per the rules in the contract/solicitation
  3. Any time
  4. Only with bank approval
Answer

B — Follow listing/substitution rules.

25. The best defense against “scope creep” is:

  1. Oral promises
  2. Clear scope and written change orders
  3. No documentation
  4. Weekly parties
Answer

B — Control via paperwork.

26. Submittal logs track:

  1. Payroll
  2. What was submitted, reviewed, returned, and due
  3. OSHA inspections
  4. Bond riders
Answer

B — Manage information flow.

27. A written claim without backup is likely to:

  1. Succeed
  2. Fail
  3. Become a change order automatically
  4. Stop retainage
Answer

B — Provide documentation.

28. Daily reports help:

  1. Decorate files
  2. Prove manpower, equipment, weather, and impacts
  3. Replace contracts
  4. Set taxes
Answer

B — Evidence for claims.

29. “Substantial completion” generally means:

  1. Work is 50% done
  2. Work is sufficiently complete for its intended use
  3. Design is finished
  4. Closeout is waived
Answer

B — Milestone for occupancy and warranties.

30. If the owner suspends work, the contractor should:

  1. Ignore
  2. Secure site, document costs/time, and follow contract notice
  3. Abandon project
  4. Stop paying subs
Answer

B — Preserve rights.

31. Back-charges should be:

  1. Verbal
  2. Documented with notice and cost detail per contract
  3. Hidden
  4. Paid in cash
Answer

B — Provide notice & proof.

32. Liquidated damages (LDs) are:

  1. Punitive fines
  2. Pre-agreed damages for late completion
  3. Taxes
  4. Bond premiums
Answer

B — Time is money; LDs allocate risk.

33. A “no damages for delay” clause generally:

  1. Guarantees cost recovery
  2. Limits recovery to time extensions for certain delays
  3. Creates warranties
  4. Sets retainage
Answer

B — Check exceptions and local rules.

34. A BIM execution plan relates to:

  1. Insurance
  2. Digital coordination requirements
  3. Payroll
  4. Permits
Answer

B — Information modeling coordination.

35. If a sub refuses to sign required flow-down terms, the GC should:

  1. Proceed anyway
  2. Hold award until the subcontract matches the prime obligations
  3. Remove insurance
  4. Ignore safety
Answer

B — Keep contracts aligned.

36. An RFI is not a substitute for:

  1. Change order
  2. Daily report
  3. Schedule
  4. Submittal
Answer

A — RFIs clarify; COs change scope/price/time.

37. “Time is of the essence” means:

  1. Schedule dates are material terms
  2. Time is flexible
  3. No schedule
  4. Only final date matters
Answer

A — Deadlines are enforceable.

38. A dispute resolution clause may require:

  1. Meditation
  2. Mediation
  3. Meteorology
  4. Metallurgy
Answer

B — Often mediation → arbitration/litigation.

39. A claim for concealed conditions should include:

  1. No photos
  2. Photos, measurements, cost/time impact, timely notice
  3. Only weather logs
  4. Only emails
Answer

B — Build the record.

40. Engineers/architects typically:

  1. Set bond rates
  2. Interpret the contract documents and review submittals
  3. Run payroll
  4. Own the project
Answer

B — Design professional roles.

41. A contingency line item is used for:

  1. Profit only
  2. Unknowns within the contractor’s scope
  3. Paying taxes
  4. Owner’s fees
Answer

B — Risk budget.

42. A “pass-through” claim allows:

  1. Sub’s claim to be presented by the GC to the owner
  2. Owner to claim against sub directly always
  3. Designer to claim bond
  4. Bank to claim LDs
Answer

A — Common mechanism with certification.

43. If a schedule impact is likely, the contractor should:

  1. Wait until closeout
  2. Issue timely notice and update the critical path schedule
  3. Ignore CPM
  4. Stop all work
Answer

B — Preserve time rights.

44. “No oral modifications” means:

  1. Oral changes are okay
  2. Changes must be in writing as required by the contract
  3. Text messages suffice always
  4. RFIs are enough
Answer

B — Follow written process.

45. A T&M ticket supports:

  1. Lump-sum only
  2. Force-account or extra work tracking
  3. Payroll taxes
  4. Insurance audits
Answer

B — Field documentation.

46. An executed change order should adjust:

  1. Scope only
  2. Scope, price, and/or time
  3. Insurance only
  4. Bonds only
Answer

B — Complete modification.

47. A “cardinal change” refers to:

  1. A minor field tweak
  2. A fundamental change beyond the contract’s general scope
  3. Seasonal adjustment
  4. Punch list
Answer

B — Potentially a breach if forced.

48. Closeout often requires:

  1. No documents
  2. As-builts, O&M manuals, warranties, final waivers
  3. RFIs only
  4. Bid forms
Answer

B — Deliverables for turnover.

49. Payment apps should include:

  1. Approved change orders and retainage
  2. Only base bid
  3. No signatures
  4. Safety logs
Answer

A — Bill accurately.

50. The purpose of a notice-to-cure is to:

  1. Terminate immediately
  2. Give the other party a chance to fix a default within a set period
  3. Replace the default
  4. Approve COs
Answer

B — Contractual fairness step.

51. A “final completion” certificate usually means:

  1. Work can begin
  2. All contract requirements, closeout, and punch list items are done
  3. Design is 90%
  4. Owner paid deposit
Answer

B — End of contract performance.

52. If an owner requires Additional Insured status, the contractor should provide:

  1. Only a COI
  2. COI plus the required AI endorsements matching contract language
  3. No documents
  4. Bid tab
Answer

B — Endorsements govern.

53. “No waiver” clauses state that:

  1. Rights are waived by silence
  2. Not enforcing a right once doesn’t waive future enforcement
  3. All rights are gone
  4. Time is flexible
Answer

B — Preserve rights.

54. A progress payment usually requires:

  1. Nothing
  2. Proper invoice, updated schedule of values, waivers, and certifications as required
  3. Only a text message
  4. Final completion
Answer

B — Meet submittal requirements.

55. Force majeure events are typically:

  1. Predictable and controllable
  2. Unforeseeable events beyond control (e.g., natural disasters)
  3. Bid alternates
  4. Insurance endorsements
Answer

B — Check contract list.

56. “Back-to-back” timelines in a subcontract mean:

  1. Different deadlines
  2. Sub must meet the same notice/claim deadlines the GC has to the owner
  3. No notices
  4. Only verbal
Answer

B — Mirror obligations.

57. If the contract requires written notices by email to a specific address, the contractor should:

  1. Send texts
  2. Follow the notice clause exactly (address, timing, subject)
  3. Call only
  4. Use social media
Answer

B — Comply to preserve claims.

58. A bid alternate is:

  1. Unauthorized change
  2. An optional price for an alternative scope/material
  3. A delay claim
  4. A lien right
Answer

B — Owner selection after bid.

59. A “scope gap” occurs when:

  1. Two subs claim the same work
  2. No one has clearly included a portion of required work
  3. The owner adds an alternate
  4. The schedule is early
Answer

B — Avoid with clear packages.

60. The best time to raise a drawing/spec discrepancy is:

  1. After final completion
  2. Immediately via RFI/notice before it affects cost/time
  3. At warranty
  4. Never
Answer

B — Early notice preserves options.

Next: Section 5 — Liens (NRS 108) →